As per case facts, a patient undergoing infertility treatment at Jilla Hospital died following a laparoscopic procedure and subsequent admission to another hospital for related complications. The petitioners, both medical ... practitioners, were initially charged under Section 304 r/w 34 of IPC based on a delayed FIR, despite earlier family statements not attributing negligence. Their discharge applications were denied by the lower court. The question arose whether the available prosecution material disclosed "gross negligence" to justify framing charges of culpable homicide not amounting to murder. Finally, the court found no direct link between the petitioners' actions and the patient's death, noting that one petitioner had no role in the procedure and the other's actions did not amount to "gross negligence" as per expert opinion. The patient died after a second procedure at a different hospital, and essential ingredients for Section 304 IPC were absent, leading to their discharge.